Minister of Social Development granted leave to appeal SASSA regulations ruling

The Gauteng High Court in Pretoria has granted Minister of Social Development, Sisisi Tolashe, leave to appeal its ruling that declared the 2023 SASSA regulations unconstitutional.

This latest development means that the case will now proceed to the Supreme Court of Appeal (SCA), where a final determination on the regulations will be made.

Background of the Case

Earlier in 2025, the High Court found that certain SASSA regulations placed unconstitutional restrictions on access to the R370 Social Relief of Distress (SRD) grant. The court specifically ruled against:

• The requirement that grant recipients apply online only.
• The narrow definitions of “income” and “financial support,” which excluded many people from receiving financial aid.

The ruling was in response to a legal challenge brought by advocacy groups #PayTheGrants and the Institute for Economic Justice, who argued that the 2023 regulations created unfair barriers to essential social support.

Minister of Social Development

Why the Minister is Appealing the Ruling

The Minister of Social Development, Sisisi Tolashe, applied for leave to appeal the ruling, arguing that the court’s decision requires further legal examination.

Under South African law, an appeal can only be granted if:

1. There is a reasonable prospect of success on appeal, or
2. There are compelling reasons why the appeal should be heard.

High Court Judge’s Ruling on the Appeal

Judge Mpostoli Twala of the Gauteng High Court in Pretoria ruled that the matter should be referred to the Supreme Court of Appeal (SCA) due to its complexity and the significant impact on South Africans.

“This case is serious and affects almost 30% of the population,” Twala stated in his ruling.

He acknowledged the arguments raised by all parties, including the claim that the 2023 regulations limit access to the R370 grant and may violate Section 27 of the Constitution.

Constitutional Concerns and Implications

Section 27 of the South African Constitution states that everyone has the right to access social security, especially when they are unable to support themselves.

The High Court’s initial ruling suggested that the 2023 SASSA regulations imposed unlawful restrictions that contradicted this constitutional right.

Now that the Minister has been granted leave to appeal, the Supreme Court of Appeal will determine whether:

• The online-only application system is a fair and reasonable requirement.
• The definitions of income and financial support in the regulations are justifiable.
• The SASSA regulations, as a whole, meet constitutional standards.

What Happens Next?

With leave to appeal granted, the case will now be heard by the Supreme Court of Appeal. This court will have the final say on whether the 2023 SASSA regulations are upheld or if further changes need to be made to expand access to the R370 grant.

For now, social justice organizations, policymakers, and grant recipients are closely watching the case, as its outcome will have major implications for South Africa’s social welfare system.